SB 1316 Hawaii Senate · 2025 Regular Session

RELATING TO COURT-ORDERED PAYMENTS.

Summary

Requires the Judiciary to contract with a collection agency or licensed attorney to collect delinquent court-ordered fees, fines, sanctions, and court costs. Repeals the authority of the Judiciary to contract with a collection agency or licensed attorney to collect delinquent restitution. Expressly allows courts to specify a period of time or installments for payment of fees and restitution. Requires district courts to hold payment compliance hearings once per year or as soon as practicable, until all fees, fines, and restitution are fully paid, and requires a defendant in district court to appear and show cause if the defendant fails to pay in full within a time specified by the court or fails to pay three consecutive installments. Makes conforming amendments to related statutes. Appropriates funds. Effective 7/1/3000. (HD2)

Bill status passed both 4 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Mar 2025

Senate Passage

Mar 2025

House Passage

Apr 2025

Governor

Introduced Jan 21, 2025 Last action Apr 21, 2025

Maddy AI version diff · 3 comparisons

What changed between versions

SB1316_HD2 → SB1316_SD1 · 6 edits

MODERATE

This bill updates Hawaii's laws on collecting court-ordered payments (fees, fines, and restitution) by clarifying how courts can set payment schedules, requiring regular compliance hearings for district court defendants, and updating rules on when imprisonment may be used for nonpayment. It also expands who can access adult probation records to include collection agencies and licensed attorneys, and appropriates funding for these collection efforts.

Scope change

The bill applies to all court-ordered fees, fines, and restitution payments in Hawaii district courts, with specific new requirements for compliance hearings and record access that did not exist in the prior version.

REQUIREMENT

Courts must now hold annual proof of compliance hearings for district court defendants who owe fees, fines, or restitution, unless all payments are made in full before the hearing date.

ENFORCEMENT

The law now explicitly allows courts to order imprisonment for nonpayment of fees and fines (up to one day per $250 owed), but prohibits imprisonment for nonpayment of restitution.

ELIGIBILITY

Collection agencies and licensed attorneys contracted by the judiciary are now authorized to access adult probation records to collect delinquent payments.

FISCAL

The bill appropriates unspecified funds from state general revenues for fiscal years 2025-2026 and 2026-2027 to support collection efforts and staff hiring.

TIMELINE

The effective date of the Act is set to April 23, 2057, which appears to be a clerical error as it is 32 years in the future.

DEFINITION

The bill defines 'default' as either failing to pay within a court-specified time or failing to pay three consecutive installments.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 10, 2025

Amended

Senate disagrees with House amendments.

upper

Apr 10, 2025

Introduced

Received from House (Hse. Com. No. 678).

upper

Apr 8, 2025

Lower · Passed

Passed Third Reading as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Marten excused (2). Transmitted to Senate.

lower

Mar 28, 2025

Lower · Passed

The committee on FIN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 14 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Holt, Keohokapu-Lee Loy, Kitagawa, Kusch, Lamosao, Lee, M., Miyake, Morikawa, Templo, Alcos, Reyes Oda; Ayes with reservations: none; 0 Noes: none; and 2 Excused: Representative(s) Hussey, Ward.

lower

Mar 18, 2025

Committee

Reported from JHA (Stand. Com. Rep. No. 1334) as amended in HD 1, recommending passage on Second Reading and referral to FIN.

lower

Mar 11, 2025

Lower · Passed

The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Cochran.

lower

Mar 6, 2025

Committee

Referred to JHA, FIN, referral sheet 19

lower

Mar 4, 2025

Introduced

Received from Senate (Sen. Com. No. 301) in amended form (SD 1).

lower

Mar 4, 2025

Upper · Passed

Report Adopted; Passed Third Reading. Ayes, 24; Aye(s) with reservations: none. Noes, 1 (Senator(s) DeCorte). Excused, 0 (none). Transmitted to House.

upper

Feb 26, 2025

Upper · Passed

The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Feb 20, 2025

Upper · Passed

The committee(s) on WAM will hold a public decision making on 02-26-25 10:03AM; Conference Room 211 & Videoconference.

upper

Feb 14, 2025

Committee

Reported from JDC (Stand. Com. Rep. No. 575) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.

upper

Feb 12, 2025

Upper · Passed

The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Gabbard, Chang; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) San Buenaventura, Awa.

upper

Feb 7, 2025

Upper · Passed

The committee(s) on JDC has scheduled a public hearing on 02-11-25 9:31AM; Conference Room 016 & Videoconference.

upper

Jan 27, 2025

Committee

Referred to JDC, WAM.

upper

Jan 23, 2025

Introduced

Introduced and passed First Reading.

upper

Jan 21, 2025

Introduced

Pending Introduction.

upper

1 primary · 0 co-sponsors